Chapter I · Administration

ARTICLE 2. GOVERNING BODY

Sections 1-201 to 1-212 · 12 sections

1-201 Governing body.

The governing body shall consist of a mayor and councilmembers to be elected as set out in Chapter 6 of this code.

(Code 1998, 1-101; Code 2005)

1-202 Same; powers generally.

All powers exercised by cities of the third class or which shall hereafter be conferred upon them shall be exercised by the governing body, subject to such limitations as prescribed by law. All executive and administrative authority granted or limited by law shall be vested in the mayor and council as governing body of the city.

(K.S.A. 12-103; Code 1998, 1-102; Code 2005)

1-203 Same; meetings.

(a)Regular meetings of the governing body shall be held on the second Wednesday of each month at 6:30 p.m. In the event the regular meeting day shall fall on any legal holiday or any day observed as a holiday by the city offices, the governing body shall fix the succeeding day not observed as a holiday as a meeting day. In addition, a regular meeting of the governing body shall be held at 6:30 p.m. on the second Monday of January in each even-numbered year, beginning with 2018, for the purpose of allowing newly elected city governing body members to take office, and for the conduct of such other business as the governing body may desire.

(b)Special meetings may be called by the mayor or acting mayor, on the written request of any three members of the council, specifying the object and purpose of such meeting, which request shall be read at a meeting and entered at length on the journal.

(c)Regular or special meetings of the governing body may be adjourned for the completion of its business at such subsequent time and place as the governing body shall determine in its motion to adjourn.

(K.S.A. 15-106; Code 1998, 1-103; Code 2005; C.O. No. 6; C.O. No. 2008-001; C.O. No. 11; Code 2016; Ord. 2017-003)

1-204 Same; quorum.

In all cases it shall require three (3) of five councilmembers elect to constitute a quorum to do business; but a smaller number may adjourn from day to day and may compel the attendance of absent members in such manner and under such penalties as the council, by ordinance, may have previously prescribed.

(K.S.A. 15-106; Code 2005; C.O. No. 6; C.O. No. 2008-001; C.O. No. 11; Code 2016; C.O. No. 2021-002; C.O. No. 2025-001)

1-205 Powers of the mayor.

The mayor shall preside at all meetings of the governing body. The mayor shall have the tie-breaking vote on all questions when the members present are equally divided. The mayor shall:

(a)Have the superintending control of all officers and affairs of the city;

(b)Take care that the ordinances of the city are complied with;

(c)Sign the commissions and appointments of all officers elected or appointed;

(d)Endorse the approval of the governing body on all official bonds;

(e)From time to time communicate to the city council such information and recommend such measures as he or she may deem advisable;

(f)Have the power to approve or veto any ordinance as the laws of the state shall prescribe;

(g)Sign all orders and drafts drawn upon the city treasury for money.

(K.S.A. 15-301:302, 305:306, 308:309; Code 2005)

1-206 President of the council.

The city council shall elect one of its own body as president of the council. The president of the council shall preside at all meetings of the council in the absence of the mayor. In the absence of both the mayor and the president of the council, the council shall elect one of its members, as “acting president of the council.” The president and acting president, when occupying the place of mayor, shall have the same privileges as other councilmembers but shall exercise no veto.

(K.S.A. 15-301:311; Code 2005)

1-207 Administrative powers.

The governing body may designate whether the administration of a policy or the carrying out of any order shall be performed by a committee, an appointive officer, or the mayor. If no administrative authority is designated it shall be vested in the mayor.

(Code 2005)

1-208 Vacancies in governing body; how filled.

(a)In case of a vacancy in the council occurring by reason of resignation, death or removal from office or from the city, the mayor, by and with the advice and consent of the remaining councilmembers, shall appoint an elector to fill the vacancy until the next election for that office. In case any person elected as a councilmember neglects or refuses to qualify within 30 days after election, the councilmember shall be deemed to have refused to accept the office and a vacancy shall exist. The mayor may, with the consent of the remaining councilmembers, appoint a suitable elector to fill the vacancy.

(b)In case of a vacancy in the office of mayor, the president of the council shall become mayor until the next regular election for that office and a vacancy shall occur in the office of the councilmember becoming mayor.

(K.S.A. 12-104a; K.S.A. 15-201; K.S.A. 15-311; C.O. No. 12; Code 2016)

1-209 Compensation.

Members of the governing body may receive as compensation such amounts as may be fixed by ordinance.

(Code 2005; Code 2016)

1-210 Expenses.

Each member of the governing body shall receive for his or her services and as reimbursement for his or her expenses, compensation as follows:

(a)Mileage (for special trips only, as designated by the governing body) at the same rate as is established by law by the state of Kansas for state employees for each mile traveled by the shortest route upon the performance of duties assigned by the mayor and/or council.

(b)Reimbursement for actual food and lodging expenses upon the performance of duties assigned by the mayor and/or council, provided such expenses shall be documented by proper receipts.

(Code 2005; Code 2016)

1-211 Code of procedure.

(a)Definitions:

(1)Governing Body. The term governing body shall include the mayor and council.

(2)Quorum. In all cases it shall require four of five council members elect to constitute a quorum to do business. The quorum shall not include the mayor.

(b)Meetings:

(1)Regular Meetings. Regular meetings of the city shall be held at a time, place and date certain as set by the city ordinance and in accordance with applicable state law.

(2)Special Meetings. Special Meetings will be called only for a special purpose and will be called in accordance with applicable state law.

(3)Work Sessions. No agenda is required for a work session and no binding action may be taken during a work sessions.

(4)Quorum. A quorum is required at all meetings during which binding action will be taken by the City.

(5)Public Comment. Citizens desiring to comment on matters of a general nature or on any specific agenda item(s) shall sign up in advance of the meeting prior to the Official Call to Order and shall provide his or her name and address for the purpose of putting both in the minutes of the meeting. The Mayor may limit the time of each citizen to three (3) minutes. Comments are welcome, however questions to council may not be answered at the meeting if the Mayor feels that staff or council needs time to formulate a response to questions. Questions reserved shall be placed on the agenda for the next meeting at which time the particular question or issue may be addressed. Citizens that fail to sign up in advance of the Official Call to Order may not submit comments and should those comments be submitted regardless, the Mayor may rule such actions to be out of order and such person can be ejected from the meeting by a Police Officer.

(c)Agenda

(1)Agenda. Prior to each regular and special meeting, the city will distribute an agenda to each governing body member and it will be made available to the public at that time.

(2)Setting Agenda. The governing body of the city shall designate an individual to be in charge of setting the agenda.

(3)Agenda Items. Any governing body member, city staff member or member of the public may request to have an item placed on the agenda by submitting their request, and provide all relevant documents for copy and distribution to the governing body members for examination, to the city staff no later than noon the Friday before the regularly scheduled meeting. Citizens shall provide his or her name and address for the purpose of putting both in the minutes of the meeting.

(4)Additions to the Agenda. Items may be added to or removed from the agenda at a regular meeting by motion approved by a majority of the governing body members present and voting. No items may be added to the agenda at a special meeting.

(5)Order of Business. At the hour appointed for the meeting, the mayor shall call the meeting to order. In the absence of the mayor the president of the council shall chair the meeting. Upon having a quorum present, the governing body shall proceed to business, which shall be concluded in the order set by the governing body.

(6)Order of Business, Suspended or Amended. By a majority vote of the governing body, the order of business may be amended to add or delete sections as appropriate, or may be suspended in its entirety to consider other matters. Executive sessions may be held at any time in order of business.

(d)Motions:

(1)Motions; Seconds. All motions require a second before such motion may be considered.

(2)Debate. All motions are debatable unless otherwise noted in the section governing motions.

(3)Substantive Motion. Only one main substantive motion may be pending on the floor at any one time. It must be withdrawn or advanced to a vote before another substantive motion is introduced.

(4)Substitute Motion. Substitute motions are prohibited. Substantive motions must be withdrawn or advanced before another substantive motion is introduced.

(5)Motion to Amend. A motion to amend is in order when the proposal is to change, add, or delete words form the main substantive motion. If the motion is to amend a document before voting on its adoption, it is advisable to reduce the change to writing, but it is not required if all members of the governing body understand the amendment. A vote of an amendment is not a final vote on the under lying substantive motion. To pass the underlying substantive motion requires a vote.

(6)Motion to Pass an Ordinance. All ordinance of the city shall be considered at a public meeting of the governing body. After consideration and amendment (if any) of the ordinance, the question shall be: “Shall the ordinance pass?” No ordinance shall contain more than one subject, which shall be clearly expressed in its title, and no section or sections of an ordinance shall be amended unless the amending ordinance contains the entire section or sections as amended and the sections or sections amended shall be repealed.

(7)Motion to Refer. If the governing body deems it appropriate, it may refer an ordinance, resolution, contract, or other matter back to staff, committee, board, or other appropriate location for further review and consideration. Such motion may or may not contain a time certain for the item to be returned to the governing body.

(8)Motion to Reconsider: Prohibited. Motions to reconsider are prohibited. Any governing body member may make a new substantive motion on a matter previously considered by the City.

(9)Motion to Call the Previous Question. This motion is not debatable and, if passed by a majority of the governing body, calls for an immediate vote on the substantive motion. This motion requires a vote.

(10)Motion to go into Executive Session. The motion to go into executive session shall be made as follows: “I move that the governing body recess into executive session pursuant to _______________ exception in order to discuss ________________ (general description), the open meeting to resume in the city council chamber at ________ (time).” The motion may also state who is to be present in the executive session, although this is not required. This motion must be made, seconded, and carried. Such motion shall be recorded in the minutes of the meeting. The meeting may not reconvene until the time stated in the motion.

(11)Motion to Adjourn to a Later Date and Time. If the governing body is unable to complete its agenda during the time allotted for the meeting, the meeting may be adjourned to a time and date certain to continue the regular or special meeting. The motion shall state the time, place, and date for the meeting to reconvene. If the motion is adopted the meeting is adjourned to the specified time, place and date.

(12)Motion to Adjourn. At the conclusion of the agenda, a motion is in order and requires a majority vote.

(e)Voting:

(1)Form of Voting. All votes shall be by voice vote or, in the alternative; the mayor may request that a vote be by “show of hands”. No vote shall be by secret ballot.

(2)Division. The mayor or any member may request a formal division of vote. At the discretion of the mayor, division may be either by poll of each member or a show of hands.

(3)Duty to Vote. Members of a governing body have a duty to vote unless such member choosing to abstain has a conflict of interest or other conflict that appears to make voting on an issue improper. Any member who abstains must state for the purposes of its inclusion in the minutes the reason for the abstention.

(4)Recording. Upon final passage of a matter the vote shall be recorded in the minutes.

(5)Votes: Non-Ordinance Matters. Unless otherwise specifically required by law, the adoption or rejection of resolutions and other matters shall be by a majority of those present. An abstention shall be counted with the prevailing side.

(6)Mayor in Council City; Non-Ordinance Matters. The mayor may cast a tie breaking vote when the council is equally divided on a vote in a non-ordinance matter.

(7)Same; Ordinary Ordinances; Council City. The adoption of an ordinary ordinance requires three affirmative votes of the council.

(8)Same Ordinary Ordinance: Council City. The mayor may cast the deciding vote in favor of an ordinance at any time that the number of favorable votes is one less than required.

(9)Same; Ordinary Ordinance; Council City. Mayor’s Veto. The mayor in council may veto any ordinance passed by the council on or before the next regularly scheduled meeting with the exception of ordinances on which the mayor casts the deciding vote and appropriations ordinances. Ordinance not signed or vetoed by the mayor take effect without the mayor’s signature. Any ordinance vetoed by the mayor may be passed over the veto by a vote of four council members. The president of the council, acting in the absence of the mayor, shall have no power to sign or veto ordinances.

(10)Same: Charter ordinances; Council City. The adoption of a charter ordinance requires four affirmative votes of the governing body. The mayor is considered a member of the governing body.

(11)Same: Council City; Confirmation of Mayoral Appointments to Non-Elected Position. The mayor may cast the deciding vote when the council is equally divided on a vote for the mayoral appointment to a non-elected position.

(12)Same: Council Cities; Confirmation of Mayoral Appointment to Elected Positions. The mayor may cast the deciding vote when the council is equally divided on a vote to confirm a mayoral appointment to an elected position.

(f)Application and Amendment

(1)Rules. For those matters not covered by these rules, the procedure shall be as decided by a majority vote of the governing body. The rules may not be suspended by the governing body during the meeting.

(Code 2016)

1-212 Code of ethics.

(a)PURPOSE

This Code of Ethics for the City of Nortonville establishes standards of conduct expected of those persons who act for or on behalf of the public in the performance of all governmental duties and responsibilities. It is the purpose of this Code of Ethics to:

(1)Maintain the highest ethical standards in the City government.

(2)Increase public confidence in the integrity of the officials and employees of the City.

(3)Help officials and staff in determining the proper course of action when facing uncertainty in ethical obligations.

(b)APPLICATION

This Code of Ethics for the City shall apply to all elected officials; to all persons appointed or hired as employees of the City, to all persons appointed by the Council to any position, board, or commission, whether compensated or not, other than independent contractors, who perform personal services for and on behalf of the City.

The ethical standards, considerations and rules of conduct shall apply and be observed during the person’s term of office or service with the City.

(c)ETHICAL STANDARDS

An official, whether elected or appointed, and a City employee should:

• Put loyalty to the highest moral principles and to City above loyalty to persons, party, or Government department.

• Uphold the Constitution, laws, and regulations of the United States and of all governments therein and never be a party to their evasion.

• Give a full day’s labor for a full day’s pay; giving earnest effort and best thought to the performance of duties.

• Seek to find and employ more efficient and economical ways of getting tasks accomplished.

• Never discriminate unfairly by the dispensing of special favors or privileges to anyone, whether for remuneration or not; and never accept, for himself or herself or for family members, favors or benefits under circumstances which might be construed by reasonable persons as influencing the performance of governmental duties.

• Make no private promises of any kind binding upon the duties of office, since a Government employee has no private word which can be binding on public duty.

• Engage in no business with the Government, either directly or indirectly, which is inconsistent with the conscientious performance of governmental duties.

• Never use any information gained confidentially in the performance of governmental duties as a means of making private profit.

• Expose corruption wherever discovered.

• Uphold these principles, ever conscious that public office is a public trust.

(d)INTERPRETATION AND GUIDELINES

(1)GENERAL INTENT AND INTERPRETATION:

This Code of Ethics is intended to establish standards to guide the decisions and actions of the public officials and employees in the performance of their official duties and functions. The standards established by the Code are rules of reason and not rules of law, and they do not themselves seek to impose duties or obligations not otherwise required of public officials and employees. Rather, the standards seek to recognize the expectations inherent in government service through public opinion and perception and to define the special responsibilities that arise through the representation and authority of government. Likewise, the Code does not attempt to exhaust the moral and ethical values that must guide government actions, nor does it displace professional knowledge, skill or judgment. Every person in government service must also be guided by personal conscience and the independent ideals of their profession, as well as the legal duties imposed upon them.

(2)GUIDELINES FOR APPLICATIONS:

The following guidelines are designed to provide a frame of reference for interpretations of the Ethical Standards. They are not absolutes, but serve as considerations to be applies to specific factual situations.

• Gifts and Gratuities. A gift or gratuity would include any item of value, whether in the form of money, services, loan, travel, entertainment, hospitality, promise, favor, or tangible objects. As a general rule, a public official or employee should not:

o solicit a gift or gratuity for any purpose related to their official duties or City business or operations;

o accept any gift or gratuity (other than appropriate political contributions for elected officials) or an honor or award presented by a professional or fraternal organization, for the performance of duties;

o keep any unsolicited gift or gratuity, and

o accept any gift or gratuity under circumstances that a reasonable person would question or circumstances where the giver would have reason to expect something in return.

• Financial or business interests with City Operations. A financial or business interest includes any that would directly or indirectly provide a monetary or material benefit to the official or employee. As a general rule, an official or employee of the City should refrain from participation in any selection process, contract negotiation, or purchase of goods or services where they, or their family members or business associates, have any beneficial or financial interest in the award, selection, or contract. Further, a public official or employee should not engage in or have a financial interest in any business providing goods or services to the City except when the goods or services are provided through the formal competitive bid process under the purchasing policies of the City, and then only upon full disclosure to all appropriate officials of the financial interest.

• Financial Interest Disclosures. A material financial interest would include an interest that provides direct financial remuneration to the public official or employee, or to any member of their immediate family, in an aggregate amount of five hundred dollars ($500) or more in any year, or an ownership interest in any business entity which exceeds ten percent (10%) of the total ownership. A public official or employee of the City should always fully and publicly disclose any material financial or other beneficial interest that the official or employee has or may have in any contract, legislative action, formal decision, or governmental ruling or determination whenever the official or employee will or may participate in any manner in the discussion, deliberation, decision, or administration of the matter.

• Conflict of Interest. A conflict of interest includes any circumstance under which a public official or employee of the City has a direct personal interest, other than the diligent performance of their official duties, in the result or outcome of any governmental action for which the official or employee has, in whole or in part, any discretionary authority or responsibility. It is not limited to financial interests, but may include other interests such as personal friendship, family relations, or other associations with groups or persons. A public official or employee of the City should always avoid even the appearance of such conflicts by full, public disclosure of such interests to appropriate officials and, where possible, by abstaining from participation in the performance or exercise of the official, discretionary actions. Elected Officials should abstain from voting on issues only if there is a conflict of interest, and should state, in general terms, the nature of the conflict.

(e)ETHICS ADVISORY BOARD

The Ethics Advisory Board shall be a standing committee, established by the Governing Body, and may include one or more of the following designated members:

(1)A Governing Body member, or their designee;

(2)The City Attorney, or their designee; and

(3)The City Clerk or their designee.

In the event that any matter presented to the Ethics Advisory Board for consideration is directly related to any member of the Advisory Board, or which involves any member of the Advisory Board or another person directly supervised by a member, then that member shall not participate in the consideration of that particular matter and shall, for the purposes of that matter only, be replaced on the Advisory Board by a person designated by the Governing Body.

It shall be the duty and function of the Ethics Advisory Board to issue interpretations and guidelines for the Ethical Standards, and to conduct investigative reviews upon complaints of violations of the Ethical Standards. The Kansas League of Municipalities and Kansas Rural Water Association are recommended for use as resources in accomplishing these duties.

(f)COMPLAINTS AND PROCEDURES

(1)Department Review

Any allegation of a violation of the Code of Ethics for the City shall be acted upon and resolved through standard policies and procedures of the applicable City department or agency through the City Personnel Policies.

(2)Advisory Board Review

In the event that any allegation of a violation of the Code cannot be resolved through standard policies or procedures, then the complaint shall be referred to the Ethics Advisory Board for review and consideration. The Ethics Advisory Board may, as it deems necessary, conduct an investigation of the complaint, which may include interviewing persons who may have knowledge of the facts of the complaint. Upon completion of its review and/or investigation, the Ethics Advisory Board shall prepare a written report, stating its findings, conclusions, and recommendation on the complaint. If the Advisory Board finds that there is no merit to the allegations of the complaint and there is no cause to believe that a violation has occurred, then the Advisory Board shall immediately issue its finding, dismissing the complaint. If the Advisory Board finds that there is cause to believe that a violation may have occurred, then the report of its findings and conclusions shall be submitted to the Governing Body.

(g)REVIEW AND ACTION UPON REPORT

The Governing Body shall immediately review any report submitted to by the Ethics Advisory Board, and shall conduct any additional investigation, including interviews or a hearing, as deemed necessary. Upon completion of the review, if it is determined that no violation occurred, then the complaint shall be dismissed and action taken to conclude the matter. If it is determined that a violation has occurred, then direct action shall be taken as deemed necessary and advisable, consistent with the provisions of this Code, to correct the violation and to enforce the Code of Ethics.

(h)CONFIDENTIALITY

All proceedings of the Ethics Board, the Governing Body, and any official, department or agency, in investigating and reviewing any ethics complaints shall be deemed as personnel matters and, thus, shall be confidential under Executive Session.

(i)SANCTIONS FOR VIOLATION

For any violation of the Code of Ethics, the following enforcement actions may be taken:

(1)For employees of the City:

o A written warning or reprimand be issued pursuant to the personnel policies; or

o A notice of intent to suspend or demote the employee be issued pursuant to personnel policies; or

o A notice to terminate the employee be issued pursuant to personnel policies; or

o A complaint be filed for action with the law enforcement officials; or

o The matter be dismissed for lack of cause.

(2)For elected Officials of the City:

o A public censure or reprimand be issued; or

o A complaint be filed for action with the law enforcement officials; or

o The mater be referred to the State Attorney General or County Attorney for consideration; or

o The matter be dismissed for lack of cause.

(3)For appointed officials of the City or persons acting as representatives on behalf of the City:

o A public censure or reprimand be issued; or

o Removal from the office or position, or termination of any contract, agreement or representative status; or

o A complaint be filed for action with the law enforcement officials; or

o The matter be dismissed for lack of cause.

(Code 2016)